Patna High Court
Vijay Kumar Sah @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
Vijay Kumar Sah and Santosh Kumar were arrested on 28 March 2026 in connection with an excise case involving the seizure of 71.100 litres of illicit foreign liquor from a tempo. The FIR alleged offences under Sections 30(a) and 47 of the Bihar Prohibition & Excise Amendment Act, 2016, but the petitioners contended they were merely passengers, had no conscious possession of the liquor, and possessed clean antecedents. The State opposed bail, while the petitioners argued false implication and highlighted non‑compliance of Sections 103 and 105 of the BNSS, 2023 in the investigation. The court examined the lack of direct possession, the petitioners' clean records, and procedural lapses, and consequently granted bail to both applicants. Bail was conditioned on a Rs.10,000 bond per petitioner, two sureties, cooperation with the trial, and compliance with further verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in an excise case involving illicit liquor when they are not in conscious possession of the contraband.
- Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants the grant of bail.
- Whether the petitioners' clean antecedents and alleged false implication justify bail despite the seriousness of the offence.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Section 47
- BNSS 103
- BNSS 105
- criminal procedure
- clean antecedents
- non‑possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29653 of 2026
Arising Out of PS. Case No.-193 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
1. Vijay Kumar Sah @ Vijay Kumar S/o Late Bindeshwari Sah R/o Village -
Phulaut, Ward no. 6, P.S. - Chausa, Dist. - Madhepura.
2. Santosh Kumar S/o Ganesh Mandal R/o Village - Phulaut, Ward no. 6, P.S. -
Chausa, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the State : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Pushpendra Kumar Singh, learned
counsel for the petitioners and Mr. Madan Kumar, learned APP
for the State.
2. Petitioners seek bail, who are in custody since
28.03.2026, in connection with Excise Sadar P.S. Case No. 193
of 2026, F.I.R. dated 27.03.2026 registered for the offences
punishable under Sections 30(a), 47 of the Bihar Prohibition &
Excise Amendment Act, 2016.
3. Recovery is of 71.100 litres of illicit foreign liquor.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that it
Patna High Court CR. MISC. No.29653 of 2026(2) dt.04-05-2026
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appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioners
rather recovery has been made from the tempo in question and
altogether 71.100 lires of illicit foreign liquor was recovered.
He further submits that the petitioners are neither the owner nor
the driver of the tempo in question and they are passengers of
the tempo in question. He further submits that the petitioners
have no role at all in the present occurrence and the seizure list
witnesses are police personnel/Home Guard personnel, so there
is non-compliance of Sections 103 and 105 of BNSS, 2023 and
the petitioners are in custody since 28.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and
nothing has been recovered from the conscious possession of
the petitioners and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Judge (Excise-
Patna High Court CR. MISC. No.29653 of 2026(2) dt.04-05-2026
3/3
02), Purnea in connection with Excise Sadar P.S. Case No. 193
of 2026, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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